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NEIMAN v. DAVIS

No. 38,023

170 Kan. 208 (1950)

225 P.2d 124

LUCILE E. NEIMAN, Appellee, v. COURTNEY B. DAVIS and COURTNEY B. DAVIS, INC., a Corporation, Appellants.

Supreme Court of Kansas.

Opinion filed December 9, 1950.

Attorney(s) appearing for the Case

P.K. Smith, of Wichita, argued the cause, and Ralph E. Gilchrist and Carl L. Buck, both of Wichita, and Rodney Stone and Bernard Peterson, both of Newton, were with him on the briefs for the appellants.

Byron Brainerd, of Wichita, argued the cause, and J.G. Somers, Arthur Turner, and George A. Robb, all of Newton, and Claude I. Depew, W.E. Stanley, Lawrence Weigand, William C. Hook, Lawrence E. Curfman and William C. Kandt, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action for the possession of a described tract of land about sixty feet wide and half a mile long, which plaintiff claimed to own, for damages for its alleged wrongful use by defendants, and to enjoin them from removing certain improvements therefrom. The action and the temporary injunction sought by plaintiff was brought in October, 1945. The trial of the action was delayed pending the outcome...

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